What's happening
This bill expands assault protections to include physicians and employees providing direct patient care in all healthcare settings.
Why it matters
Expands legal protections to physicians. By explicitly including physicians in the list of protected professionals, the bill recognizes the increased risks faced by doctors during patient interactions, making assaults against them subject to more serious criminal penalties.
Covers all direct patient care employees, not just in hospitals. The amendment extends assault protections to employees providing direct patient care in any setting, not just hospitals or clinics. This includes home health aides, outpatient facilities, and potentially private practices, reflecting the realities of modern healthcare delivery.
Addresses broader healthcare workplace safety. By broadening the definition of protected environments, the bill acknowledges that threats and violence can occur in various healthcare settings, encouraging a safer work environment for a wider range of healthcare workers.
Potential deterrent effect. Enhanced legal consequences for assaulting healthcare workers may deter such incidents, potentially reducing workplace violence and contributing to better staff retention and morale in healthcare professions.
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Protect Doctors From Assault
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Doctors from Assault
In Assembly Committee · Codes · Sponsor Latoya Joyner
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1903
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the assault of physicians providing direct patient care
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 120.05 of the penal law, as amended by chapter 267 of the laws of 2016, is amended to read as follows:
3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, a physician as defined in article one hundred thirty-one of the education law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, a physician as defined in article one hundred thirty-one of the education law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00488-01-9
S. 1903 2
agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, a physician as defined in article one hundred thirty-one of the education law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent or employee of an entity governed by the public service law; or
§ 2. Subdivision 3-c of section 120.05 of the penal law, as added by chapter 423 of the laws of 2015, is amended to read as follows:
3-c. With intent to prevent an employee providing direct patient care, who is not a nurse pursuant to title eight of the education law, whose principal employment responsibility is to carry out direct patient care for one or more patients in any hospital, nursing home, residential health care facility, general hospital, government agency including any chronic disease hospital, maternity hospital, outpatient department, emergency center or surgical center under article twenty-eight of the public health law or other setting where direct patient care is provided, from performing a lawful duty, he or she causes physical injury to such employee providing direct patient care; or
§ 3. Subdivision 11-c of section 120.05 of the penal law, as added by chapter 423 of the laws of 2015, is amended to read as follows:
11-c. With intent to cause physical injury to an employee providing direct patient care, who is not a nurse pursuant to title eight of the education law, whose principal employment responsibility is to carry out direct patient care for one or more patients in any hospital, nursing home, residential health care facility, general hospital, government agency including any chronic disease hospital, maternity hospital, outpatient department, emergency center or surgical center under article twenty-eight of the public health law or other setting where direct patient care is provided, he or she causes physical injury to such employee providing direct patient care while such employee is performing a lawful duty; or
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the assault of physicians providing direct patient care
Purpose or general idea of bill
To ensure that the current law which classifies an assault on a person providing direct patient care as an assault in the second degree under section 120.05 of the Penal law includes physicians.
Summary of specific provisions
Section 1. Amends subdivisions 3, 3-c and 11-c of section 120.05 of the penal law to include assaults on physicians and on all persons providing direct patient case regardless of health care setting. Physician in this bill has the same definition as in article 131 of education law.
Justification
Current law provides the protections afforded in this bill to a variety of health care and public safety professions, ranging from registered nurses to firefighters, emergency medical technicians and even sanita- tion enforcement agents.
Following the tragic shooting of Dr. Tracy Tam at Bronx Lebanon Hospital on June 30, 2017, this bill seeks to ensure that the same standards and protections are applied to physicians as other professions and inclusive of all health care settings where direct patient care is provided.
This proposal is consistent with the current inclusion of nurses and other health care professions and will lead to greater protections for health care workers that have dedicated their lives to improving the health and wellbeing of others.
According to the Bureau of Labor Statistics, 74% of all non-fatal assaults that happen within the work place involve healthcare workers. This number may be lower than the actual amount, due to under reporting. Because of the high number of assaults they are exposed to, many physi- cians have resigned themselves to handling these dangerous situations without complaint.
At least thirty-one states, including New York have instituted laws making the assault of nurses a felony. In every state in the country it is a felony to assault a police officer, fire fighter, and EMT.
It must be made clear that physicians have the same protections under the law against assault. Physicians, who provide life-saving and crucial medical care should not be left vulnerable to assault.
By ensuring the law is clear, this legislation can provide a safe work environment for physicians and all professionals providing direct patient care regardless of practice setting.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect ninety days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.